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OUTCOME OF CASES HEARD BY THE TRIBUNAL ON 24 OCTOBER 2018
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| Type of matter |
Parties involved |
Competition Commissions Recommendation to Tribunal |
Tribunal Decision |
| Settlement Agreement |
Competition Commission V Advtech Ltd |
Confirm the settlement as an order of the Tribunal |
Postponed |
| Settlement Agreement |
Competition Commission V St Andrew’s School For Girls NPC And St Andrew’s School Uniform Shop Trust |
Confirm the settlement as an order of the Tribunal |
Postponed |
| Settlement Agreement |
Competition Commission V Inspired Schools (Pty) Ltd T/A Reddam House Schools and Reddford House Schools And Reddam House Shop |
Confirm the settlement as an order of the Tribunal |
Postponed |
| Settlement Agreement |
Competition Commission V Curro Holdings Ltd And Grit Procurement Solutions (Pty) Ltd |
Confirm the settlement as an order of the Tribunal |
Postponed |
| Large merger |
BoE Private Equity (Pty) Ltd, Heritage Capital Fund I and General Profiling (Pty) Ltd |
Approve the merger without conditions |
Approved without conditions |
| Large merger |
K2018262882 Pty Ltd And Commonwealth Bank Of South Africa (Holding Company) |
Approve the merger without conditions |
Approved without conditions |
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School uniform settlement hearing postponed
Earlier today the Competition Tribunal postponed its hearing into settlement agreements, between the Competition Commission and four private schools, aimed at reducing the prices of school uniforms for those schools. In these settlement agreements St Andrew’s School for Girls, AdvTech Ltd, Curro Holdings Ltd and Inspired Schools – t/a Reddam House and Redford House – agree to seek ways in which their school uniforms can be standardised in order to enable parents to buy certain parts of the uniform from general retailers. The schools also commit, in the settlement agreements, to contract school uniform suppliers through a transparent and competitive bidding process. These measures are aimed at improving competition in the market for the supply of school uniforms thus reducing school uniform prices.
The settlement agreements come after the Commission initiated complaints against a number of schools, school uniform manufacturers and school uniform suppliers alleging that the exclusive supply agreements between schools, manufacturers and suppliers allowed manufacturers and suppliers to extract higher prices than they would in a competitive environment. The Commission’s investigation culminated in these settlement agreements.
Although the Commission alleged that the respondents had contravened the Competition Act by concluding exclusive agreements, the respondents did not admit to contravening the Competition Act nor did the Commission seek to impose an administrative penalty.
After hearing the parties submissions, the Tribunal postponed the hearing in order to request the parties to consider a more appropriate course of action going forward. The Tribunal will set a new date for hearing the settlement agreements.
African Rainbow Capital looks to acquire financial services interest
Earlier today the Competition Tribunal heard the proposed merger between K2018262882 Pty Ltd, a subsidiary of African Rainbow Capital Financial Services Holding (Pty) Ltd (ARC Finholdco) and Commonwealth Bank of South Africa (Holding company) (CBSA HoldCo). The Tribunal approved the transaction without conditions.
CBSA Holdco, the target in this transaction, is currently controlled by the Commonwealth bank of Australia with a minority share held by an ARC Finholdco subsidiary.
The Competition Commission, which assesses large mergers prior to referring them to the Tribunal for decision, considered the proposed merger and concluded that it was unlikely to raise competition concerns. The Commission therefore recommended that the Tribunal approve the deal without conditions.
Tribunal approves steel and aluminium transaction
This morning the Competition Tribunal approved, without conditions, the merger involving BoE Private Equity (Pty) Ltd, Heritage Capital Fund and General Profiling (Pty) Ltd. The acquiring firms are investment firms while the target, General Profiling, is in the business of steel, stainless steel and aluminium service centre which cuts, bends, water jet cuts, bends, fabricates and laser cuts steel.
The Competition Commission, which assesses large mergers prior to referring them to the Tribunal for decision, considered the proposed merger and concluded that it was unlikely to raise competition concerns. The Commission therefore recommended that the Tribunal approve the deal without conditions.
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Nandi Mokoena
Acting Communications Officer
Tel: (0) 12 394 1383
Cell: +27 (0) 82 399 1328
Twitter: @comptrib
E-Mail: NandisileM@live.co.za |
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